The Rules for Casualty Pension and Disability Compensation Awards to Armed Forces Personnel (ER) and the Guide to Medical Officers (Military Pensions) GMO were last updated in 2008.
Since then, the Government of India has introduced several policy initiatives that have significantly changed the eligibility criteria, entitlements, and rates for Death/Disability Compensation awarded to wounded warriors, disabled personnel, widows, and Veer Naris.
According to the Ministry of Defence (MoD) as a result, there was a need to clarify and consolidate the existing rules and medical guidelines. This matter was also highlighted in a report to the Parliament by the Comptroller and Auditor General (CAG). In response, a Study Group, consisting of members from the Army, Navy, Air Force, Department of Ex-Servicemen Welfare, and MoD (Finance), was formed to examine and review all policy provisions related to the subject.
The committee submitted its Study Report, and after thorough deliberations and discussions, it recommended aligning the ER with the provisions of the CCS (Extra Ordinary) Pension Rules, 2023, while preserving the principles and guidelines for Death/Disability Compensation to Armed Forces personnel established by the Fifth Central Pay Commission (CPC) in 2001, with subsequent amendments post the 6th and 7th CPC.
Key points to note are as follows:
1. There are no policy or entitlement-related changes in the revised ER.
2. The ER has been revised/updated to streamline the assessment and entitlement procedures, aiming to reduce ambiguity and potential litigation.
3. All deaths and disabilities reported/recoded after September 21, 2023, will be governed by ER 2023 and GMO 2023.
4. ER and GMO 2023 do not affect past Pensioners/Family Pensioners who are already receiving death/disability compensation/Family Pension.
5. Only personnel who are medically boarded out of service before completing their terms of engagement are eligible for Disability Pension, comprising a Service Element and a Disability Element. This provision does not apply to officers.
6. Armed Forces personnel who continue to serve despite a disability attributed to or exacerbated by military service may be awarded ‘Capitalized Impairment Relief.’ If they opt not to receive it, they become eligible for monthly ‘Impairment Relief’ upon retirement/discharge. The rate of ‘Impairment Relief’ remains unchanged compared to the previous ‘Disability Element.’
7. There are no changes in the rates of any death/disability compensation.
8. No recoveries are planned based on ER and GMO 2023.
9. Compensation for cadets is under analysis by a study group.
10. The 10-year clause for becoming eligible for Invalid Pension remains unchanged.
11. To reinforce checks and balances, all accepted cases will now be confirmed one level higher than the specified Competent Authority.
12. Matters related to income tax relief are sub-judice and cannot be commented upon.
13. In comparison to civilians, service personnel receive Disability Pension if invalided from service, and if retained in service, they may receive a lump-sum award or monthly ‘Impairment Relief’ in addition to their Retirement/Service Pension/Gratuity.
To summarize the changes:
1. Terminologies have been clearly defined to avoid confusion.
2. Clear definitions for ‘Entitlement,’ ‘Assessment,’ and ‘Invalidation’ have been provided.
3. Entitlement related to categories defined in a letter dated January 31, 2001, has been retained.
4. A framework for awarding ‘Capitalized Impairment Relief’ has been established through a Retention cum Impairment Assessment Board (RIAB).
5. One-up confirmation of accepted cases has been introduced.
6. The GMO has been reviewed in light of the latest medical/scientific knowledge, developments in the management of medical conditions, and globally accepted standards for measuring impairment percentage objectively.